New York Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency

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A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.

In the state of New York, a Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by an Administrative Agency is a legal instrument used to challenge the arbitrary disapproval of agency submissions. This process enables individuals or entities to seek judicial intervention in cases where an administrative agency unfairly rejects or disapproves a submitted matter. There are several types of New York Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency, including but not limited to: 1. Zoning Approval Petition: This type of petition is filed when an administrative agency denies a submitted application for zoning approval in an arbitrary manner. It serves as a means to challenge the agency's decision and compel them to reconsider and approve the zoning request. 2. Building Permit Application: In cases where an application for a building permit is unreasonably denied by an administrative agency, an Application to Compel Approval can be submitted. This legal tool aims to rectify the arbitrary decision and ensure the consideration and approval of the building permit. 3. Environmental Review Petition: In situations where an administrative agency unreasonably disapproves an environmental impact assessment or other environmental review submissions, a petition can be filed. This governing document challenges the agency's arbitrary denial and seeks judicial intervention to obtain an approval. 4. Licensing Approval Application: When an administrative agency arbitrarily denies a license application, such as a professional or business license, an Application to Compel Approval may be filed. This type of petition aims to challenge the arbitrary rejection and compel the agency to review and approve the license application. 5. Permitting Authorization Petition: If an administrative agency unreasonably denies a permit application, such as a special event permit or street vendor permit, a Petition or Application to Compel Approval can be filed. This legal action challenges the arbitrary decision and seeks to compel the agency to approve the requested permit. In summary, a New York Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by an Administrative Agency is a crucial legal tool used to challenge and rectify arbitrary agency decisions. The types of petitions or applications vary depending on the specific matter being challenged, such as zoning approvals, building permits, environmental review submissions, licensing approvals, or permitting authorizations.

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If the Court believes the writ should not be granted, it will deny the petition without requesting an answer. Otherwise the Court will direct the clerk to obtain an answer. After an answer has been filed, the Court ordinarily will decide the merits of the petition on the materials submitted without oral argument.

In New York, a writ of mandamus may be issued for when an administrative agency, public body, or officer fails to perform a duty enjoined upon them by New York Civil Practice Laws & Rules, Section 7803.

In Anglo-American legal systems, mandamus (Latin for ?we command?) is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latter's authority.

In New York, a writ of mandamus may be issued for when an administrative agency, public body, or officer fails to perform a duty enjoined upon them by New York Civil Practice Laws & Rules, Section 7803.

The Court's role in the Article 78 proceeding was to determine, upon the facts, whether the determination had a rational basis in the record or was arbitrary and capricious. A determination is only deemed arbitrary and capricious if it was without sound basis in reason, and in disregard of the facts.

Article 78 of the CPLR is the modern iteration of the common law writ procedure for challenging governmental action. It serves the important function of keeping administrative agencies accountable to the public and the laws of New York.

A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite a demand in writing, has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.

Article 78 proceedings are lawsuits mainly used to challenge an action (or inaction) by agencies of New York State and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority.

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How to fill out Petition Administrative Application? Aren't you tired of choosing from numerous templates every time you want to create a Petition or ... Part E describes how to bring an Article 78 proceeding, and the Appendix has a sample Article 78 petition and supporting papers. Article 78 is New York State ...If you disagree with an agency decision, you may want to consider appealing the decision to the New York courts. You can do so by filing an “Article 78 ... In an Article 78 proceeding, you ask a state court to review a decision or action of a New York state official or administrative agency that you believe was ... Subjected The Exchange To Less Favorable Treatment Than Other Exchanges. The Administrative Procedure Act ("APA") prohibits arbitrary and capricious agency. by H Weintraub · Cited by 12 — This paper is a revised part of a study entitled Development of Judicial Review of Administrative Action in. New York, submitted in partial satisfaction of the ... (b) An agency shall make a copy of the complete text of any proposed, adopted or emergency rule, regulatory impact statement, regulatory flexibility analysis, ... Jan 15, 1981 — In this case, petitioner commenced the article 78 proceeding to compel the administrative agency to abide by its prior determination ... The Petitioner should go to the Supreme Court. Clerk's Office and file the original Petition and Order to Show Cause, together with proof of filing with the ... by JR Grimm · 2022 · Cited by 1 — Judicial review of administrative agency decisions is an important topic in the fields of both administrative and appellate law. Any significant agency action ...

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New York Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency